Constitution of the State of Texas (1876)

ARTICLE IV.
Executive Department.

SECTION 1. The executive department of the State shall consist of a
governor, who shall be the chief executive officer of the State, a
lieutenant-governor, secretary of State, comptroller of public accounts,
treasurer, commissioner of the general land office and attorney general.

SEC. 2. All the above officers of the executive department (except
secretary of state) shall be elected by the qualified voters of the
State at the time and places of election for members of the Legislature.

SEC. 3. The returns of every election for said executive officers,
until otherwise provided by law, shall be made out, sealed up, and
transmitted by the returning officers prescribed by law to the seat of
government, directed to the secretary of state, who shall deliver the
same to the speaker of the house or representatives as soon as the
speaker shall be chosen; and the said speaker shall, during the first
week of the session of the legislature, open and publish them in the
presence of both houses of the Legislature. The person, voted for at
said election, having the highest number of votes for each of said
offices respectively, and being constitutionally eligible, shall be
declared by the speaker, under sanction of the Legislature, to be
elected to said office. But if two or more persons shall have the
highest and an equal number of votes for either of said offices one of
them shall be immediately chosen to such office by joint vote of both
houses of the legislature. Contested elections for either of said
offices, shall be determined by both houses of the Legislature in joint
session.

SEC. 4. The governor shall be installed on the first Tuesday after
the organization of the Legislature, or as soon thereafter as
practicable, and shall hold his office for the term of two years, or
until his successor shall be duly installed. He shall be at least thirty
years of age, a citizen of the United States, and shall have resided in
this State at least five years immediately preceding his election.

SEC. 5. He shall, at stated times, receive as compensation for his
services an annual salary of four thousand dollars and no more, and
shall have the use and occupation of the governor's mansion, fixtures
and furniture.

SEC. 6. During the time he holds the office of governor he shall not
hold any other office, civil, military, or corporate; nor shall he
practice any profession, and receive compensation, reward, fee, or the
promise thereof for the same; nor receive any salary, reward, or
compensation, or the promise thereof, from any person or corporation,
for any service rendered or performed during the time he is governor, or
to be thereafter rendered or performed.

SEC. 7. He shall be commander-in-chief of the military forces of the
State, except when they are called into actual service of the United
States. He shall have power to call forth the militia to execute the
laws of the State, to suppress insurrections, repel invasions, and
protect the frontier from hostile incursions by Indians or other
predatory bands.

SEC. 8. The governor may, on extraordinary occasions, convene the
Legislature at the seat of government, or at a different place in case
that should be in possession of the public enemy or in case of the
prevalence of disease thereat. His proclamation therefor shall state
specifically the purpose for which the Legislature is convened.

SEC. 9. The governor shall at the commencement of each session of the
Legislature, and at the close of his term of office, give to the
Legislature information, by message, of the condition of the State; and
he shall recommend to the Legislature such measures as he may deem
expedient. He shall account to the Legislature for all public moneys
received, and paid out by him for any funds subject to his order, with
vouchers; and shall accompany his message with a statement of the same.
And at the commencement of each regular session he shall present
estimates of the amount of money required to be raised by taxation for
all purposes.

SEC. 10. He shall cause the laws to be faithfully executed; and shall
conduct, in person, or in such manner as shall be prescribed by law, all
intercourse and business of the State with other States and with the
United States.

SEC. 11. In all criminal cases, except treason and impeachment, he
shall have power, after conviction, to grant reprieves, commutations of
punishment and pardons; and under such rules as the Legislature may
prescribe he shall have power to remit fines and forfeitures. With the
advice and consent of the senate, he may grant pardons in cases of
treason, and to this end he may respite a sentence therefor, until the
close of the succeeding session of the Legislature; provided,
that in all cases of remissions of fines and forfeitures, or grants of
reprieve, commutation of punishment or pardon, he shall file in the
office of the secretary of state his reasons therefor.

SEC. 12. All vacancies in State or district offices, except members
of the Legislature, shall be filled, unless otherwise provided by law,
by appointment of the governor, which appointment, if made during its
session, shall be with the advice and consent of two-thirds of the
senate present. If made during the recess of the senate, the said
appointee, or some other person to fill such vacancy, shall be nominated
to the senate during the first ten days of its session. If rejected,
said office shall immediately become vacant, and the governor shall,
without delay, make further nominations, until a confirmation takes
place. But should there be no confirmation during the session of the
senate, the governor shall not thereafter appoint any person to fill
such vacancy who has been rejected by the senate; but may appoint some
other person to fill the vacancy until the next session of the senate or
until the regular election to said office, should it sooner occur.
Appointments to vacancies in offices elective by the people shall only
continue until the first general election thereafter.

SEC. 13. During the session of the Legislature the governor shall
reside where its sessions are held, and at all other times at the seat
of government, except when by act of the Legislature, he may be required
or authorized to reside elsewhere.

SEC. 14. Every bill which shall have passed both houses of the
Legislature shall be presented to the governor for his approval. If he
approve he shall sign it; but if he disapprove it, he shall return it
with his objections, to the house in which it originated, which house
shall enter the objections at large upon its journal, and proceed to
reconsider it. If, after such reconsideration, two-thirds of the members
present agree to pass the bill, it shall be sent, with the objections,
in the other house, by which likewise it shall be reconsidered; and, if
approved by two-thirds of the members of that house, it shall become a
law; but in such cases the votes of both houses shall be determined by
yeas and nays, and the names of the members voting for and against the
bill shall be entered on the journal of each house respectively. If any
bill shall not be returned by the governor with his objections within
ten days (Sundays excepted) after it shall have been presented to him,
the same shall be a law, in like manner as if he had signed it, unless
the Legislature, by its adjournment, prevent its return; in which case
it shall be a law, unless he shall file the same, with his objections,
in the office of the secretary of state, and give notice thereof by
public proclamation within twenty days after such adjournment. If any
bill presented to the governor contains several items of appropriation
he may object to one or more of such items, and approve the other
portion of the bill. In such case he shall append to the bill, at the
time of signing it, a statement of the items to which he objects, and no
item so objected to shall take effect. If the Legislature be in session
he shall transmit to the house in which the bill originated a copy of
such statement and the times objected to shall be separately considered.
If, on reconsideration, one or more of such items be approved by
two-thirds of the members present of each house, the same shall be part
of the law, notwithstanding the objections of the governor. If any such
bill, containing several items of appropriation, not having been
presented to the governor ten days (Sundays excepted) prior to
adjournment, be in the hands of the governor at the time of adjournment,
he shall have twenty days from such adjournment within which to file
objections to any items thereof and make proclamation of the same, and
such item or items shall not take effect.

SEC. 15. Every order, resolution or vote to which the concurrence of
both houses of the Legislature may be necessary, except on questions of
adjournment, shall be presented to the governor, and before it shall
take effect, shall be approved by him; or, being disapproved, shall be
repassed by both houses; and all the rules, provisions and limitations
shall apply thereto as prescribed in the last preceding section in the
case of a bill.

SEC. 16. There shall also be a lieutenant-governor, who shall be
chosen at every election for governor by the same electors, in the same
manner, continue in office the same time, and possess the same
qualifications. The electors shall distinguish for whom they vote as
governor and for whom as lieutenant-governor. The lieutenant-governor
shall by virtue of his office be president of the senate, and shall
have, when in committee of the whole, a right to debate and vote on all
questions; and when the senate is equally divided to give the casting
vote. In case of the death, resignation, removal from office, inability
or refusal of the governor to serve, or of his impeachment or absence
from the State, the lieutenant-governor shall exercise the powers and
authority appertaining to the office of governor until another be chosen
at the periodical election, and be duly qualified; or until the governor
impeached, absent or disabled, shall be acquitted, return, or his
disability be removed.

SEC. 17. If, during the vacancy in the office of governor, the
lieutenant-governor should die, resign, refuse to serve, or be removed
from office, or be unable to serve, or if he shall be impeached or
absent from the State, the president of the senate, for the time being,
shall, like manner, administer the government until he shall be
superseded by a governor or lieutenant-governor. The lieutenant-governor
shall, while he acts as president of the senate, receive for his
services the same compensation and mileage which shall be allowed to the
members of the senate, and no more; and during the time he administers
the government, as governor, he shall receive in like manner the same
compensation which the governor would have received had he been employed
in the duties of his office, and no more. The president, for the time
being, of the senate, shall, during the time he administers the
government, receive in like manner the same compensation, which the
governor would have received had he been employed in the duties of his
office.

SEC. 18. The lieutenant-governor or president of the senate
succeeding to the office of governor, shall, during the entire term in
which he may succeed, be under all the restrictions and inhibitions
imposed in this Constitution on the governor.

SEC. 19. There shall be a Seal of the State which shall be kept by
the secretary of state, and used by him officially under the direction
of the governor. The seal of the State shall be a star of five points,
encircled by olive and live oak branches, and the words, "The State of
Texas."

SEC. 20. All commissions shall be in the name and by the authority of
the State of Texas, sealed with the State seal, signed by the governor
and attested by the secretary of state.

SEC. 21. There shall be a secretary of state, who shall be appointed
by the governor, by and with the advice and consent of the senate, and
who shall continue in office during the term of service of the governor.
He shall authenticate the publication of laws, and keep a fair register
of all official acts and proceedings of the governor, and shall, when
required, lay the same and all papers, minutes and vouchers relative
thereto, before the Legislature, or either house thereof, and shall
perform such other duties as may be required of him by law. He shall
receive for his services an annual salary of two thousand dollars, and
no more.

SEC. 22. The attorney general shall hold his office for two years and
until his successor is duly qualified. He shall represent the State in
all suits and pleas in the Supreme Court of the State in which the State
may be a party, and shall especially inquire into the charter rights of
all private corporations, and, from time to time, in the name of the
State, take such action in the courts as may be proper and necessary to
prevent any private corporation from exercising any power or demanding
or collecting any species of taxes, tolls, freight or wharfage, not
authorized by law. He shall, whenever sufficient cause exists, seek a
judicial forfeiture of such charters, unless otherwise expressly
directed by law, and give legal advice in writing to the governor and
other executive officers, when requested by them, and perform such other
duties as may be required by law. He shall reside at the seat of
government during his continuance in office. He shall receive for his
services an annual salary of two thousand dollars, and no more, besides
such fees as may be prescribed by law; provided, that the fees
which he may receive shall not amount to more than two thousand dollars
annually.

SEC. 23. The comptroller of public accounts, the treasurer and the
commissioner of the general land office shall each hold office for the
term of two years, and until his successor is qualified; receive an
annual salary of two thousand and five hundred dollars, and no more;
reside at the capital of the State during his continuance in office; and
perform such duties as are or may be required of him by law. They and
the secretary of state shall not receive to their own use any fees,
costs or perquisites of office. All fees that may be payable by law for
any service performed by any officer specified in this section, or in
his office, shall be paid, when received, into the State treasury.

SEC. 24. An account shall be kept by the officers of the executive
department, and by all officers and managers of State institutions, of
all moneys and choses in action received and disbursed or otherwise
disposed of by them, severally, from all sources, and for every service
performed; and a semi-annual report thereof shall be made to the
governor under oath. The governor may, at any time, require information
in writing from any and all of said officers or managers, upon any
subject relating to the duties, condition, management and expenses of
their respective offices and institutions, which information shall be
required by the governor under oath, and the governor may also inspect
their books, accounts, vouchers, and public funds; and any officer or
manager who, at any time, shall wilfully make a false report or give
false information, shall be guilty of perjury, and so adjudged and
punished accordingly, and removed from office.

SEC. 25. The Legislature shall pass efficient laws facilitating the
investigation of breaches of trust and duty by all custodians of public
funds, and providing for their suspension from office on reasonable
cause shown, and for the appointment of temporary incumbents of their
offices during such suspension.

SEC. 26. The governor, by and with the advice and consent of
two-thirds of the senate, shall appoint a convenient number of notaries
public for each county who shall perform such duties as now are or may
be prescribed by law.